legal facts- grounds for the emergence, change and termination of administrative legal relations.

legal fact- a specific life circumstance with which the administrative-legal norm connects the emergence, change or termination of administrative-legal relations. According to the generated consequences, there are law-forming, law-changing and law-terminating legal facts. legal facts share to events and actions. Actions are the result of the active will of the subjects. Actions- legitimate and illegal. Lawful - comply with the requirements of administrative and legal norms (issuance of an order on appointment to public office), unlawful (torts) - do not correspond to them (administrative and disciplinary offenses). Developments(natural disasters, death, reaching a certain age - 16 years).

Management - a set of actions performed to achieve certain goals through the use of available resources (financial, material, personnel, information); leadership of something when carried out impact from the subject of management to the managed object using a variety of mechanisms and means.

Public administration is a kind of social administration. Social management arises in society between people to streamline emerging public relations.

Public administration is a subordinate, executive and administrative activity carried out in the process of everyday and practical guide economic, administrative-political and socio-cultural spheres of society, when a purposeful influence is carried out by the subject of management on the managed object using available resources, forms and methods.

Thus the essence government controlled consists in a purposeful impact on the part of the subject of management on its object.

Two approaches to public administration.

1.Activity of all government agencies.

2. Activity of organs executive power.

The main characteristic features of public administration

1.Executive-administrative character.

The main direction of this activity is the implementation of the NLA, and the means of achieving this goal is the use of the necessary legal powers.

2. Organizational and practical orientation.

3. Sub-legislative activities and sub-legislative rule-making.

Other signs of public administration.

1. Close connection with development and practical implementation public policy.

2. Certain target and functional specificity

3. Availability of certain resources.

4. Direct responsibility for the implementation of laws.

5. Use of certain forms and methods.

Atamanchuk G.V. Under the state management understands the practical, organizing and regulating impact of the state on the social life of people in order to streamline, preserve or transform it, based on its power.

In the broadest sense, management means directing something or someone and is a function organized systems of any nature and complexity. At its core, it is associated with a certain influence of the managing subject (subject of management) on the managed object (object of management) in order to solve the problems facing the system, of which they are elements, and to ensure the necessary mode of its organization and functioning.

The managing subject, firstly, always receives information about the behavior of the managed object and the functioning of the entire system, as well as information from outside (outside the system).

Secondly, he interprets this information based on the tasks facing the system, evaluates, analyzes and, on the basis of this, makes a management decision, that is, a decision on the nature of the impact on the control object. And finally, thirdly, it transmits information related to the decision made to the managed object, exercising the necessary managerial influence on it. The need for information to flow from the control object to the control subject, its evaluation and analysis for the subject to make a managerial decision indicates that control is not limited to the effect of the subject on the object, but is largely a process of their interaction.

Thus, management should be understood as such an impact of a managing subject on a managed object, which is associated with the processes of obtaining, transforming and transmitting information due to their interaction and is aimed at solving the problems facing the system, ensuring its organization and functioning.

In the management of social systems, a significant role is played by subjective factors of a volitional, emotional, and other psychological nature, the established relationships between people, traditions, foundations, habits, moral and ethical standards, etc. However, the management of such systems of any size and hierarchy is determined by the general laws inherent in the management process, common approaches to the adoption and implementation management decisions based on the receipt, transformation and transmission of information.

Public administration, as a special type of social administration, is most characterized by extensive networks of information flows passing from subjects to control objects (through direct communication channels), and from objects to control subjects (through channels). feedback). Failure to take into account by the subject of social management, and especially by the subject of public administration, at least part of the information that comes or should come to him, its underestimation and insufficient analysis lead to the development of non-optimal management decisions, as a result of which the management process becomes ineffective.

In accordance with the provisions of cybernetics, depending on the structure of the control system, there are various options for direct and feedback between its elements. Moreover, in large systems, which include the state, separate autonomous subsystems (blocks, branches) of control have different information channels. Efficient Management a large system is achieved only by taking into account and analyzing the differentiated information passing through all (or at least most) of these channels, and its subsequent integration.

This determines, from the point of view of cybernetics, the expediency of implementing state administration through the use of several, independent of each other, subsystems of both the same and different levels of the hierarchy with proper coordination of their functioning.

On the basis of centuries of experience, optimal mechanisms of public administration have been developed, which involve such autonomous administrative structures as the legislative and executive authorities of various levels, courts, the banking system, the prosecutor's office, etc. Experience also shows that it is impossible to effectively govern the state without including bodies in the management process. local government who, in accordance with the provisions of the Constitution Russian Federation are not formally included in the system of state authorities. All of these bodies are subjects of state administration in the broadest sense of the word. Each of them has its own independent, often peculiar only to it, specific methods of implementation. management activities.

This approach to public administration is fundamentally different from the concept that existed before the adoption in 1993 of the Constitution of the Russian Federation. Previously, public administration was understood in the narrow sense of the word, as an activity inherent only in the executive apparatus of public authorities. Only executive bodies (governments, ministries, departments, executive committees of councils), which were formed and controlled by state authorities (councils of working people's deputies at all levels), were recognized as state administration bodies.

17. The essence and content of public administration. Principles and functions of public administration.

General control functions:

Information Support- collection, receipt, processing, analysis and storage of information necessary for the implementation of management activities;

Forecasting - foreseeing the prospects for the development of events or processes in the future; modeling - creation of a sample (model) of certain managerial relations to anticipate a decision managerial tasks in future;

Planning - determination of directions, rates, quantitative and qualitative indicators of the development of processes in the management system;

Organization - formation of a management system, establishment of its principles, subject composition, bringing to a state of readiness;

Coordination - agreement joint activities various subjects of management relations to achieve the goals and objectives of management;

Disposition - operational regulation of managerial relations, giving instructions to performers;

Regulation - the establishment of generally binding requirements and procedures for management objects;

Control - establishing compliance or deviation of the actual state of the control system from the specified parameters;

Accounting - fixing information, expressed in quantitative terms, about the results of the state of the management system.

Public administration- in a broad sense - the activities of all state bodies for the implementation of the assigned powers, in the narrow sense - the by-law, legally authoritative activities of the executive authorities of the Russian Federation and its subjects for the implementation of the assigned powers. Signs of public administration:

This is a type of state management activity;

The activity is legally authoritative, executive-administrative in nature;

Activities are carried out constantly, continuously unscheduled;

Activities are carried out on the basis of and in pursuance of laws (legislative activities);

It is characterized by the presence of vertical (hierarchical) and horizontal links;

It is carried out in various forms (legal and non-legal);

Provided through a system of guarantees;

Violation of managerial activity entails the onset of negative consequences (legal restrictions).

Purpose of public administration- the expected results that the subject seeks in the implementation of managerial activities.

There are the following management objectives:

1) socio-economic - streamlining public life and satisfying the public interest; achieving economic well-being, building and maintaining a certain system of economic relations;

2) political - participation in the management of all political forces in the country, the development of positive proposals and processes in society and the state that contribute to the improvement of state and public structures, human development;

3) security - ensuring the rights and freedoms of citizens, legality in society, public order and public safety, the necessary level of well-being;

4) organizational and legal - the formation of a legal system that contributes to the implementation of all the main functions of the state and the solution of all its tasks with the help of democratic institutions and mechanisms of the rule of law, as well as organizational and functional formations. The principles of public administration are fundamental ideas, guiding principles that underlie management activities and reveal its essence. Principles are divided into general (social and legal) and organizational. General(social-legal) principles:

democracy- the people are the only source of power, they exercise power both directly and through the executive authorities, control over the activities of the executive authorities is carried out by the legislative and judicial authorities, the prosecutor's office, as well as the population (public control);

legitimacy– the activities of the executive authorities should be based on the exact and strict observance and implementation of the Constitution and laws, the compliance of the attached regulatory legal acts with acts of higher legal force;

objectivity- in the implementation of management activities, it is necessary to adequately perceive the ongoing processes, establish existing patterns and take them into account when making management decisions and their implementation;

scientific– application of scientific methods for collecting, analyzing and storing information, taking into account scientific developments in the course of making and implementing management decisions;

concreteness- the implementation of management should be built taking into account specific life circumstances, i.e. in accordance with the real state of the object of management and the resource of the subject of management;

separation of powers- subdivision of state power into legislative, executive and judicial, with specific functions assigned to them in the prescribed manner;

federalism- the activities of the executive authorities are based on the normative consolidation of the delimitation of competences and subjects of jurisdiction between the Russian Federation and the constituent entities of the Russian Federation;

efficiency- the achievement of the goals of management activities should be carried out when minimal cost forces, means and time. Organizational principles:

branch- the implementation of management activities, the organization of the management system is built taking into account the generality of the management object, which forms a certain industry (management of industry, transport, communications, agro-industrial complex, education, healthcare, etc.);

territorial- the formation of a management system is based on a territorial basis (administrative-territorial division);

linear- the type of organization of services and divisions that carry out executive and distribution activities, in which the head, within the limits of his competence, has all the rights of management in relation to his subordinates ;

functional- Bodies and apparatuses of executive power carry out general management functions (finance, statistics, employment, etc.);

double subordination- a combination of the principles of centralized management, taking into account the territorial conditions and the state of the control object;

combination of unity of command and collegiality- most important questions concerning the fundamental aspects of managerial activity are taken collectively, and operational, current, not requiring collegial consideration, are decided individually.

Social problems: their properties, setting, solution.
At the heart of any managerial impact is a social problem, to the solution of which it is directed. A social problem is a contradiction that has arisen objectively or as a result of subjective intervention in social system. Main property social problems is that they are irrelevant to the characteristics of individual individuals, they concern social groups and individuals according to the degree of involvement in these groups. When working with social problems, the key stage is the stage of their formulation. Incorrectness on this stage lead to ineffective actions in the future. The following methods of setting social problems should be noted: The method of functional correspondences. In this method, the evaluation is carried out according to the criterion of the effectiveness of the past managerial behavior. The method of causal reduction, which provides for the sequential reduction of the problem to one or more initial ones, the elimination of which will lead to a solution to the problem. Extension methods for managed and accounted variables. These methods involve correcting the model of the problem situation. The method of positional analysis implies the clarification of the interests of people, which in various forms are contained in their positions. Experimental method. With the help of a social experiment, it is possible to clarify how clearly we imagine the problem, how well the constructed model and the decisions made are adequate to the situation.
Solvability of the problem is the ability of the subject of management to manage the problem situation. To solve the problem, it is necessary to fulfill the requirements of a number of criteria. The main criteria for the solvability of the problem are as follows: Informational - the availability of the necessary information and sufficient information for the solvability of the problem. Determinative - assessment of the reasons blocking the achievement of the goal. Resource - expresses an assessment of the necessary and sufficient resources to solve the problem. Instrumental - assesses the degree of solvability of the problem, depending on the availability of necessary and sufficient ways to solve the problem. Motivational - associated with the presence of motives that encourage participants to achieve the goal. Economic - expresses an estimate of the allowable costs in solving the problem.

The state as the subject of influence on social processes acts as the main, but not the only institution of the political system of society. Thus, the management of public affairs is implemented through public administration, which is understood as the practical activities of state bodies, the technological process of preparing, adopting and executing managerial decisions in the totality of methods and means by which the tasks of the state and its structures at various levels are solved, direct, systematic and specialized influence of the governing bodies on the bodies and objects subordinate to them on the basis of administrative responsibility for the implementation of decisions.

Public administration is also the most extensive area of ​​practical activity of state bodies, institutions, officials, and a special kind of occupation public service, and special art (as the highest degree of skill), acquired by professional managerial knowledge, experience, talent, and a special scientific discipline, more precisely, an interdisciplinary field of scientific knowledge and practice.

Public administration is based on power, reinforced and provided by it. When interpreting public administration, we proceed from the fact that the concept of "management" is broader in content than the concept of "power", because it includes not only decision-making activities, but also activities (relations, norms, process) for preparing and ensuring, implementing decisions, direct continuous control action. Power is a political and legal category, while management is organizational and legal and procedural and technological. This must be emphasized, since with the adoption of the Constitution of the Russian Federation in 1993, the term "public administration" disappeared from the language of legal acts of various legal force. The real process cannot disappear and must be adequately identified.

The term "management" in the Russian literature of recent years is often used in conjunction with the adjective "state" and as a synonym for public administration. In this regard, it is advisable to outline our methodological position on the relationship between these two concepts.

Public administration and public management are not synonyms.

The discrepancy is determined, first of all, by the setting (target) priorities. Management, as a component of a market economy, is focused on profit, profitability, and profit. Public administration is focused on the implementation of national, social interests, needs, rights - there is no direct connection between commercial success and the quality of services provided to society.

Management is based on private investment, individual contributions and the sale of services, while public administration is based on the budgetary distribution of national incomes and funds, and on taxation.

The product produced by the firm is tangible and concretely evaluated. Product of the state and municipal government most often it is intangible and invisible, because cleanliness in parks and order on the streets, health and well-being belong to that category of goods, the presence of which no one notices, or at least does not try to express in quantitative (price) indicators.

Activities and relations in the field of management are built mainly on the norms of private law (civil, labor, etc. - horizontally); in public administration, activities and relations are by their nature associated with rule-making, legal regulation of social relations and processes and the implementation of norms public law(vertically and horizontally relations).

State bodies, unlike private firms (with their right to trade secret) are more susceptible to influence, pressure, control from public institutions: politicians, voters, interest groups, citizens.

There are also differences in the methods of control, because in management at the level of dispositive relations, economic, socio-psychological methods predominate, in public administration there is also legitimate coercion in the arsenal of methods.

The difference is also evident in the scope of application of the impact. Such spheres of the life of society as defense, law and order, foreign and international relations, taxation and others have always been and are the prerogative of the state, are regulated by national interests, political expediency and cannot be farmed out to the private sector.

Thus, public administration and management diverge in terms of setting priorities (in terms of the spirit of relations and activities), sources and resources, methods and volume of control.

However, one should not see a Chinese wall between these control actions. It is no coincidence that the discussion about the relationship between public administration and management has been going on in the theory and practice of social management for more than a decade.

Public administration and management as a process of control influence have certain general performance indicators, converge in the technology of implementation:

Both (ideally) are aimed at efficiency, expediency, low cost; for prompt response;

Strive to be closer to people - consumers, customers;

Both managers and civil servants are relatively independent and enterprising in operational activities (although not equally), which does not preclude finding a balance between centralized management and freedom of action on the ground.

The development of domestic public administration practice is associated with the study and adaptation of management technologies that have justified themselves abroad and, in particular, marketing, because the social space, where various subjects of power and management operate both from state structures and from civil society, implies the presence of a competitive environment and democratic struggle (within the framework of law, publicity, openness, generally recognized ethical norms) for the promotion of their people, ideas, programs, strategies in the formation and implementation of public (state-public) policy.

Political, administrative and economic marketing as a promising state management technology can improve the functioning of the state apparatus, its interaction with society, ensure the effectiveness of the mechanism of direct and feedback, make the strategy, the policy of making managerial decisions and their implementation “transparent”, the behavior of the “managed” in relation to the state power and state apparatus.

Today there is a discussion and attempts are being made to introduce a new management model at the municipal level - municipal management. This model involves a fundamental change in the relationship between the political leadership and the administration based on the modern image of the administration as a service enterprise. In this regard, it is important to comprehend three components of management: organizational structures (hierarchical departments and management organizations, their subdivisions), norms and methods (laws, programs, budgets) and incentives (bonuses, competition). In such a management model, the orientation towards economic results on the basis of specific social goals must be recognized as an indispensable condition. Whether these ideas can be fruitfully used for the common good, at the national level, and to what extent this will be possible, the future will show. In any case, to the extent that the ideas of management will be involved and effective in the field of public administration, to the extent and only then will it be possible to speak of public management as an accomplished phenomenon. So far, it is only possible to recognize the increasing effect of factors that can bring administrative science and management, state administrators and private enterprise managers closer together.

Considering the state as a special mechanism for managing the affairs of society, scientists developed the theory of public administration within the framework of political science.

A lot of this problem was dealt with in the United States, including at the level of presidents, and the 28th of them - Woodrow Wilson, the author of 10 political and historical studies, who received a doctorate in political science, is recognized as the founder of modern American public administration. In his work "The Study of Management" (1887), he substantiated public administration as a way of exercising public power, the possibility of combining democratic government (elected political power) and effective public administration in the spirit of Taylor's management.

All governments, he emphasized, have two basic functions: the political, which consists in developing general policies and laws, and the administrative, which is the application of these two general policies and laws to specific individuals and situations. The political function should be implemented within the framework of the political system - a set of interrelated, interacting institutions of state power and public organizations, groups, individual citizens. V. Wilson tried to consider the administrative function of the government as non-political, he defended the need for a professional civil service. He proposed to separate public administration from politics, to apply the technology of scientific management to it.

In view of the importance and severity of the problem of the relationship between state influence and policy, we will dwell on it in more detail. There are different understandings of this problem in the scientific literature.

Thus, the teleological approach considers public administration as a combination of political and administrative influence.

Politics and administration are two inextricably linked functional components of a single process of public administration.

Politics means everything in common that can be done, decided using political (public) power, reflects a historical phenomenon associated with the emergence of a state in which different, sometimes conflicting needs and interests coexist and therefore there is an objective need to harmonize them, to find that common, integrating , which makes society state-organized.

Politics, like the state, marks a certain level of development of society, corresponds to society and develops along with it.

The words "politics" and "publicity" can be correlated, they are close, because they reflect the sphere of community of people living in the state, but they are not identical. Publicity expresses the sphere of communication of all residents, correlates with the population, and politics expresses the communication of citizens with the state, authorities, society and correlates with the people. The difference between the political and the social, the people and the population was well defined in his time by V.O. Klyuchevsky: “The people” is a population not only living together, but also acting together.” There is no doubt that ties in society are richer than the life of the state and are not reducible to the latter, and not every person is connected with political communication, but a citizen - a person who has a legal connection and legal relations with society, power.

If a person is a social being, then a citizen is a political being.

Politics is “the art of living together” (Plato), a way and functional activity to harmonize interests, achieve social compromise, it is the search for the “common good” and the implementation of a set of measures to achieve it. This teleological meaning of politics (targeting) determines its inseparable connection with state (political) power and state administration as the exercise of power.

The concept of "politics" has two aspects: the aspect of power and the aspect of consensus. Politics means, on the one hand, the ability to make binding decisions and their implementation (power), on the other hand, the ability to equitably distribute values ​​and benefits (consensus).

It can be said that politics is a form of realization of social interests, characterized by the use of public authorities, and political management is the impact on society (processes, relations) through the coordination of interests.

Of course, politics must be open, moral, understood and accepted by the population, society, i.e. public.

Of course, politics must be legal: political discretion, interest, expediency must not oppose law, and political decisions and actions must proceed from law, be carried out within the framework of law.

The law-making policy of the state is the formation, development of a strategy, course, national priorities and dressing them in a legal form: in the form of laws, programs, projects, and other generally significant fateful decisions. Its main goal is to fix in legal norms the model of behavior of society, its individual groups, citizens.

The main subject of law-making policy is the legislative representative bodies of power, but this function (sub-legislative rule-making) is carried out by the government administration, executive power at all levels of government, and civil society institutions also participate.

The law enforcement policy of the state is the implementation by state bodies and officials of state policy, its legal forms, their use of law (norms) as a means in managing society and a tool to increase the effectiveness of the operation of law. This is one of the ways to protect the rights and freedoms of the individual, one of the characteristics of the existing political regime.

The main goal of law enforcement policy is the observance and protection of the rights and freedoms of citizens, their honor and dignity; strengthening law and order; increasing the effectiveness of the regulatory and protective action of law; ensuring unity and consistency in the activities of subjects of law enforcement; improving the efficiency of public administration.

The main subject of law enforcement policy is the executive authorities, state (all levels) and municipal government. Various institutions of civil society and citizens interact with them.

Law enforcement policy is a link between the practice of lawmaking (search for the common good) and law enforcement (implementation of a set of measures to achieve it), ensuring their consistency and interaction. This allows us to say that law enforcement practice occupies an independent place in the mechanism of legal regulation and is one of the important factors determining its legal and social effectiveness.

These areas in public administration are two sides of the same coin. Their unity is due to the following factors:

They have a single volitional source - state power;

They have a common goal - to stabilize, streamline, provide conditions for the development of society;

Together, they form a single legal space, a system of current law.

Essential unity does not exclude differences, in practice sometimes even a break. We can say that the law-making policy ensures that it is due, consolidates in legal form all the best that is (or should be) in public administration practice. Politics is first of all a varied and constantly moving practice. Law enforcement policy ensures the existence, i.e. transfers, with the help of ideological, organizational and law enforcement means, the model of society's behavior enshrined in political and legal decisions into the sphere of its practical implementation. It is known that the gap between what is due and what is is a big problem of public administration, but it does not deny the essential unity of law-making and law-enforcement policy, but indicates miscalculations of policy subjects, shortcomings in their activities.

The legal policy in public administration thus includes the definition of strategic goals, priorities, directions of the state's activities, the adoption of political decisions in the form of legal acts and the very practical activities for the implementation of these ideological (political) guidelines, i.e. administrative-legal management activity, its results.

The imbalance in the system of legal policy (lawmaking - law enforcement) leads to an imbalance between the level of development of legal norms and the degree of their practical implementation.

Today we see a passion for rule-making and inadequate attention to the regulation of the process, the order of implementation of legal norms. This not only does not contribute to the formation of law and order, but increases citizens' distrust of the authorities and state bodies.

Law enforcement practice with such a policy will definitely not become a factor in stabilizing and streamlining social relations and processes.

Thus, politics as a sphere of realization of social interests through the adoption of generally significant state decisions and administration as a sphere of realization of social interests through the adoption of administrative acts in pursuance of political ones cannot be opposed, perceived as a dichotomy.

A similar attempt, as already mentioned, was made by W. Wilson: on the basis of a fair thesis that politics should not manipulate state institutions, the author proposed to separate the civil service (public administration) from "politics with its corruption and scandals", began to divide state bodies and officials on those who develop policy and those who implement it.

The concept of dichotomy had its opponents as well. In the 1930s, a whole group of researchers (G. Simon, K. Friedrich, C. Heinemann, R. Dahl, and others) defended another theory of the “freedom of action” of the administration, while recognizing that civil servants who implement the political course countries cannot perform only purely technical functions, they are somehow connected with politics. Administrators are not literal executors of adopted laws, they have their own policies, they have sufficient discretion to interpret the laws to which they are subject, and to decide when, how and to what extent to implement them.

Taking into account both theories, we can offer our vision of the problem of the relationship between politics and administration in public administration.

In state-administrative influence, it is impossible to clearly separate political functions from administrative - the application of political and legal norms to specific situations and individuals, political bodies and positions - from administrative public services and civil servants; one can only place accents in activities (mainly political, mainly administrative, political-administrative, administrative-political).

The term “political-administrative” exists for a positive assessment, reflecting the organic synthesis of political and administrative functions, methods in public administration, and not to denote a state administration “absorbed” by political power.

Based on the fact that politics is not only the formation, but also the implementation of a political course, politics cannot be “taken out” from the public service. Civil servants have their own policy: they have sufficient freedom in deciding when, how and to what extent to implement the adopted laws, other political and legal decisions (acts). By drawing up rules, instructions and other administrative regulations, civil servants become participants in the formation and implementation of law enforcement policy.

The essential "connectedness" of politicians and administrators is confirmed by the reality of their relationship.

Formally, a political official has a higher status than career civil servants: he is called upon to implement a political program, a course. However, in practice, the relationship between them is often determined by the following circumstances.

Firstly, a political official is most often an amateur in the field of management compared to a career employee who has passed all levels of management, has experience, education, competence, and knows the technology for implementing a political decision. This circumstance makes the politician to some extent dependent on the civil servant. The latter acts as an adviser, consultant to the politician.

Secondly, the politician in management selects a team capable of implementing the political program with which he entered the system of administrative and executive bodies.

Thirdly, the politician comes to the executive bodies for a certain period. He needs to make sure that in case of defeat in the next elections, he can stay in the state apparatus in any career position, which means he is interested in competent officials, their knowledge, professional background, good relations.

Fourthly, service relations often develop into an alliance, a fusion of the political and administrative elite, directed against those who prevent them from achieving selfish goals. Therefore, we need a system of public, civil control over the activities of the state apparatus, its political and administrative elite.

In the relationship between politics and administration in public administration, the rule of law (law), decisions over political actions, politics over administration and power is fundamentally important. Leadership positions in management should be with politicians. At the same time, public administration as an administrative-legal process, activity cannot lose its own political character, communicating between different strata of society, realizing, coordinating various interests, including their own.

Common sense - in a rational combination of political and administrative activities, in the control of their law and democratic institutions.

So, the theory and practice of public administration are objectively related to the study and improvement of the political mechanism of governance and the administrative-legal process. If we compare figuratively the relationship between state administration and politics, then their relationship can be represented as two banks of the same river. They are interconnected and cannot exist without each other.

A kind of social management is public administration, which has as its main purpose a streamlining effect on the participants in joint activities, on their conscious-volitional behavior, on the organization of public relations. Public administration is one of the activities of the state.

Management also takes place in the activities of various types of non-state formations (for example, public associations). There are relationships that are managerial in nature. However, they are dominated by the will and interests of the members of this non-state association, which have not received their expression in legal norms. Management is associated with internal affairs, serves the interests of self-organization (organization) of one's own affairs.

The term "public administration" is widely used in domestic and foreign literature, as well as in the legislation of many countries. For more than 70 years, it has been used in our country, thereby giving a constitutional and legislative basis for isolating this species. state activity. The Constitution of the Russian Federation of 1993 and the Constitution of the Republic of Belarus of 1994 abandoned this term, fixing a different one instead - the executive branch.

Under public administration, it is customary to understand a specific type of state activity carried out in various areas of social relations: in economic, socio-cultural and in the field of administrative and political construction. It is with public administration that the formation of such a branch of law in the legal system of the Russian Federation as administrative law is connected.

Public administration, depending on which subjects carry it out and in what ways, is understood in a broad or narrow sense of the word Administrative Law: Textbook / Ed. L.L. Popov. - M.: Jurist, 2002. - S. 26.

Under the concept of "public administration" until the 80s. activities of an executive and administrative nature were implied. According to Professor Yu.M. Kozlov, such a characteristic, firstly, determined the main direction of this activity - execution, i.e. enforcement of laws and by-laws, and, secondly, pointed to a means of achieving this goal - management, i.e. use of the necessary legal powers. Administrative Law: Textbook / Ed. Yu.M. Kozlova, L.L. Popova.- M.: Jurist, 1999.- P.24.

In this understanding, public administration was considered as the prerogative of special subjects, generally referred to as executive and administrative bodies of state power or state administration bodies.

Thus, in the Constitution of the USSR of 1977, the Cabinet of Ministers of the USSR was defined as an executive and administrative body USSR(Art. 128). The powers of the Supreme Soviet of the USSR as a permanent legislative and control body included the formation and abolition of ministries and other central government bodies. The President of the USSR headed the system of state administration bodies and ensured their interaction with the highest bodies of state power of the USSR (clause 4, article 127.3). The Cabinet of Ministers of the USSR was empowered to resolve issues of state administration that were within the jurisdiction of the USSR (Article 131).

This term was used not only in the Constitution, but also in other acts developing its provisions. This can be confirmed by the Decree of the President of November 28, 1991 N 242 "On the reorganization of the central bodies of state administration of the RSFSR", as well as the Decree of the President of September 21, 1993 N 1400 "On a phased constitutional reform", which refers to the obligation of the Council Ministers - the Government of the Russian Federation to ensure the uninterrupted and coordinated activities of government bodies. Thus, during this period, government bodies were considered as the executive apparatus of state power or state administration, which is the main link practical implementation legislation.

In the process of public administration, to one degree or another, legislative and executive authorities, judicial authorities and prosecutors, local governments and other bodies participate. Public administration in the broadest sense - this is the activity of the above bodies (subjects of public administration) to implement the tasks and functions assigned to them in the field of administration.

Public administration in the narrow sense is a type of state activity within the framework of which the executive power is practically implemented. The bodies exercising this power are called executive authorities. These include: the Government of the Russian Federation, federal ministries, federal services and federal agencies, as well as executive authorities of the constituent entities of the Russian Federation (governments, councils of ministers, state committees etc.). Russian B.V. Administrative law: Educational method. and pract. allowance. - M.: Law and law, 2001. - S. 11

It is easy to see that the terminology used in relation to the concept of public administration in the narrow sense is somewhat different than in the definition of this concept in the broad sense. This is due to the fact that the Constitution of the Russian Federation of 1993, which proclaimed the principle of “separation of powers”, replaced the term “public administration bodies” with the term “executive power”, and assigned the powers to exercise executive power to the Government of the Russian Federation (Article 110). At the same time, the Constitution of the Russian Federation provided for the participation in this process of other executive authorities, which, headed by the Government of the Russian Federation, represent single system executive power (Articles 11,71, 112). This system, in addition to the Government of the Russian Federation, includes federal executive authorities (federal ministries, federal services, federal agencies) and executive authorities of the constituent entities of the Russian Federation (governments, committees, departments, etc.).

So, not all state bodies participating in the management process can be attributed to executive authorities. These are legislative, judicial, prosecutorial bodies, etc., which, according to their purpose, have other tasks. However, both those and other bodies carry out state-administrative activities, but in different volumes and by different methods.

If for the legislative and judicial authorities, the prosecutor's office and other bodies, state-administrative activity is not the main one and is largely related to ensuring necessary conditions for effective work their bodies, then for executive authorities this activity is main function, their main line of business. The main characteristics of public administration are as follows:

a) this is a specific type of state activity performed by the subjects of management in accordance with their competence;

b) the specified activity is of an executive and administrative nature (enforcement of laws and other by-laws, decision-making, control over their implementation);

c) is carried out by various subjects of management, however managerial function- the prerogative of special bodies - executive authorities;

d) the activity is by-law, carried out “on the basis of and in pursuance of the law”, it is secondary in relation to legislative activity;

e) is characterized by the presence of the main vertical (subordination) links and not the main - horizontal links;

f) the implementation of the powers of the subjects of management is carried out, as a rule, in an extrajudicial, administrative procedure.

Public administration is called upon to regulate social relations that ensure the protection and reproduction of the integrity of the state and its main institutions. The predominant direction of the vector of public administration is the “top-down” direction, in connection with which the state assumes the right to realize public interest in the development of its constituent territorial entities.

Thus, public administration is the process of regulating relations within the state through the distribution of spheres of influence between the main territorial levels and branches of government. Public administration is based on the state interest aimed at protecting the integrity of the state, its key institutions, supporting the level and quality of life of its citizens. Among priority areas in the implementation of public (state) interest lies the need to perform several functions: protective, defense, social, legal, economic, political and arbitration.

State administration becomes possible due to the existence of state power. State power is a body of legitimate coercion in the interests of the majority of the population, subject to the state interest. State power extends to objects located both on the territory of the state itself and beyond its borders, if this is required by state interests. The main feature of state power is its integrity, indivisibility and sovereignty.

Public administration as a type of social administration is characterized by an ordering effect on a certain object. Nevertheless, speaking of public administration, one should not forget its executive purpose. In this regard, the question arises: how to combine the control action with performance?

Professor Yu.M. Kozlov sees the essence of this problem as follows: the management of various aspects of state public life is not an exclusive function of the executive apparatus of the state, since other subjects of the unified state power are actively involved in this process. Administrative Law: Textbook / Ed. Yu.M. Kozlova, L.L. Popova.- M.: Jurist, 1999.- P.24.

At the same time, the main thing in the content of the control action is not so much in making appropriate decisions (for example, laws), but in their implementation, i.e. in the strict implementation of the legal-imperious requirements contained in them - this is the process of execution. To a certain extent, it is also carried out by the legislator himself, but he is not able to take on this function in full, so there is a need for a specialized managerial link of the state apparatus that exercises such management in the executive-administrative version.

Thus, execution is (in the aspect under consideration) and is essentially a direct state-administrative activity, i.e. control and performance are fully compatible.

Public administration is a complex process of interaction of fundamental elements, the result of which is a special system of public administration, which determines the method and nature of the interaction of its components. social institutions. Four elements form the basis of the public administration system: power, administration, territory and economic system.

social public administration

The most essential features of social management as an attribute of public life are the following.

Social management exists only where the joint activity of people is manifested.

Social management exercises an ordering effect on the participants in joint activities, the main object of social management is the behavior (actions) of participants in joint activities, their relationships.

The regulation of people's behavior is carried out within the framework of public relations, which are essentially managerial relations. They arise primarily between the subject and the object in connection with the practical implementation of the function of social control.

The basis of social management is a certain subordination of the wills of people - participants in management relations, that is, the authority of management, which ensures that the will of the governed is followed by the will of the managers.

Social management has an implementation mechanism, consisting of public or state authorities (subjects of management), or individual, authorized persons.

Public administration is a kind of social administration, the functioning of which is traditionally associated with the formation of a special legal branch, namely, administrative law, and is understood as a specific type of state activity, different from its other manifestations (for example, legislative, judicial, prosecutorial activities), as well as from management activities of public associations and other non-state formations ( labor collectives, commercial structures, etc.).

Public administration in the Russian Federation includes not only state administration but also municipal administration, since local governments, according to the Constitution, are not included in the system of state authorities.

The difference between public and public administration can be compared with the division of relations in the state into public and private.

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   Public administration. Executive power: concept, mechanism, correlation with public administration

- is a type of activity for the exercise of state power, which has a functional and competence specificity that distinguishes it from other types (forms) of the exercise of state power;

- is an activity of an executive-administrative nature for the execution of laws and for the adoption and execution of by-laws with the use of the necessary legal powers;

- has a continuous (everyday) and immediate character;

- is a subordinate activity carried out “on the basis of and in pursuance of the law”, secondary to legislative activity;

- is the prerogative of special subjects, which can be called executive and administrative bodies of state power or state administration bodies.

The state power is trinity: legislative, executive, judicial.

All these branches are branches of a single "tree", having various power functions, distinguished by a certain degree of independence. This is how the system of checks and balances works. Each branch corresponds to the subjects (public authorities) expressing it.

Executive Power:

- represents a relatively independent (within the framework of its functions) branch (type, variety) of a single state power, an indispensable attribute of the state-power mechanism;

- has the ability and opportunity to exert a decisive influence on activity, behavior, has the right and opportunity to subordinate various (collective and individual) subjects in a state-organized society to its will, i.e. on a national scale;

- is most often implemented as a specific state function law enforcement nature (meaning, mainly, law enforcement of a positive nature);

- is embodied in the activities of special subjects endowed with executive and administrative competence, at the direct disposal of which are all the most essential attributes of state power: finance; the most important means of communication; army and other military formations (for example, internal troops), police, internal and external security services, correctional labor institutions, etc.

Executive power in the process of its implementation acts as an organized institution. This is natural, since the organization is nothing more than internal order, consistency of interaction with respect to independent parts of the whole (for example, subjects of management, managed, etc.), i.e. that is the essence of management. Organization means, firstly, that the entire mechanism of the executive power practically organizes the execution of laws. Secondly, this mechanism must itself be organized in the necessary way. The organization, therefore, ensures the orderliness of managerial work.

The executive power, being a branch of the unified state power, cannot be identified with the type of state activity. The corresponding type of such activity is not power itself, but only a form of its practical implementation. Therefore, executive power is not identical with executive activity.

At the same time, having a subjective expression, the executive power cannot be understood as a system of public authorities called upon to carry out executive activities.

Thus, public administration is a type of state activity, within the framework of which the executive power is practically implemented.

The principles of public administration and executive power are divided into two main groups: general socio-legal and organizational.

General social and legal principles are of a general democratic nature and apply to all branches and spheres of public administration, regardless of the level or place of the executive authority, official position civil servant.

These principles include:

- the principle of democracy, which means that the people are the only source of power and exercise their power both directly and through government bodies;

- the principle of legality, which consists in the obligatory observance of laws in public administration, in its focus on the implementation of laws, on maintaining law and order, personal responsibility for breaking the law;

- the principle of separation of powers into legislative, judicial, executive and the exercise by each branch of power of its functions within the established limits;

– the principle of federalism – the distribution of competencies between federal authorities and bodies of subjects of the federation;

- the principle of publicity, openness, mandatory publication of laws and by-laws of governance affecting the rights, freedoms and duties of a person;

- the principle of priority and guarantee of individual rights as the highest social value, protecting them from the arbitrariness of state bodies and officials.

Organizational principles determine the initial principles of the organization and functioning of the public administration apparatus. These include:

- a combination of sectoral, territorial, linear and functional principles;

– a combination of centralization and decentralization;

- a combination of unity of command and collegiality;

– rational distribution of jurisdiction and powers between executive authorities and their officials;

- responsibility of executive authorities and their officials for the results of management activities.